ODE finds PPS in Violation of IDEA for Failure to Evaluate

Wiscarson Law prevailed in a complaint against Portland Pubic Schools (District), which was filed with the Oregon Department of Education (ODE) in August 2021. The complaint noted that the District failed to allow Parents the opportunity to participate in deciding whether or not to evaluate Student, and subsequently, failed to evaluate Student. As a result, ODE concluded that the District had failed to evaluate Student. ODE included in its findings that the Student’s GPA had dropped dramatically over the course of Student’s academic career, particularly after being diagnosed with Student’s disability; Parents had provided the District with changes to Student’s diagnoses; the District had been on notice for almost a year that the Student was struggling and searching for help; and the District failed to consider the totality of the circumstances when Parents requested a special education evaluation. Thus, the District will be required to evaluate Student and conduct an eligibility meeting and IEP meeting (if found eligible) by February 15, 2022. It must also conduct a training for District staff to ensure evaluations are being completed. Additionally, if Student is found eligible for special education, the District must provide compensatory education to Student for the time period of October 2020 to August 2021 to make up for the services Student should have been receiving.

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